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Topic: Original Intent

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	Original intent - Wikipedia, the free encyclopedia
		Original intent is a theory in law concerning constitutional and statutory interpretation.
		Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish, the actual text of the legislation notwithstanding.
		Original intent falls afoul of formalist theories of law, which explicitly decline interest in how a law is made, an inquiry which is obviously at the core of an original intent inquiry.
	en.wikipedia.org /wiki/Original_Intent (705 words)

	Critiques Of Libertarianism: Original Intent And The Constitution. (Site not responding. Last check: 2007-10-13)
		Second, even if original intent was the preferred method, there is strong historical evidence that the intention of the Framers was that their intentions should not bind future generations.
		Since the proponents of original intent argue that we must embrace their method or else admit that the Constitution could mean anything, it is bizarre to find that his method itself is no more than a judicial Rohrsach blot.
		Fifth, to adopt original intent as the supreme method of constitutional interpretation flies in the face of most of the Supreme Court's jurisprudence, the vast majority of scholarly writing, the opinions of most constitutional historians and, probably the majority of the American people.
	world.std.com /~mhuben/intent.html (595 words)

	Originalism - dKosopedia
		Originalism faces the hermeneutic difficulty of understanding the intentions of the Founding Fathers, who lived 200 years ago and, of course, were not all of the same mind about everything.
		Interestingly, advocates of originalism are often associated with the strict constructionism theory of legislative interpretation, which holds that judges should not go behind the plain meaning of the text and would therefore rule out placing weight on legislative intent.
		Originalism is a view that was once widely held; however most law schools now teach their students that a constitution is a "living document" (see, "The Living Constitution)", and thus a generation of lawyers and legal scholars - for better or worse - tend to support the "living constitution" viewpoint.
	www.dkosopedia.com /wiki/Originalism (3792 words)

	The Constitution: Not Just a Law
		Original intent thus emphasizes the intention or design as it applies to us and as we, in principle, are capable of understanding it.
		In that sense, the defenders of misspelled original intent have inverted the argument, for they behold a Court which is able to hold the government’s feet to the fire of constitutional structure not by virtue of its own subordinate role but rather by virtue of its superordinate judgment.
		The original intent to rob has been lost sight of, as the boss appeals to his authority to decide (based on the needs of the day, to be sure) what it is that would be good for the community to pursue.
	www.msu.edu /~allenwi/presentations/Constitution_Not_Just_a_Law.htm (7275 words)

	The Original Intent Controversy (Site not responding. Last check: 2007-10-13)
		Also considerable latitude as to original intent must be indulged when courts endeavor to apply provisions of the Constitution to cases that involve circumstances very different from the circumstances of 1787.
		The defense of "original intent" is carried on in our time by the juristic heirs of Chief Justice Marshall and Justice Story, the early advocates on the Supreme Court of "liberal construction" of the Constitution.
		One reason why the doctrine of original intent has fallen into disuse is that considerable historical knowledge and reading of dusty law commentaries are necessary if one tries to find what a particular provision or phrase of the Constitution signified to the Framers or (more difficult yet) to the delegates at the state ratifying conventions.
	www.heritage.org /Research/PoliticalPhilosophy/HL138.cfm (4409 words)

	Original Intent : "Restoring the Republic...one Citizen at a time".
		Original Intent is an organization dedicated to restoring this nation to its republican roots.
		It is the policy of Original Intent to post the most legally accurate information that we can identify on the various subjects addressed in this website, and to present that information in a straightforward, non-legalistic, style.
		Original Intent wishes to acknowledge all of those who fight for liberty today, as well as all those who have come before us; many of those paying dearly for the lessons that have been passed on to us today.
	www.originalintent.org /edu (352 words)

	Intent, In Tents and Intense
		But given the breadth and variety of the iconography of Indian and Tibetan Buddhism, it is virtually impossible to extrapolate the information that would be required to fill in figures that are missing or to complete the sacred objects that the figures hold in their hands.
		If you feel that the original artists were working by a set of rules to which you have little access, let us reinforce that tense feeling by looking at the range of traditional styles and painting techniques which the original artists were guided by.
		Pure, single artistic intent is lost through a combination of inconographic specifications, regional and doctrinal differences in style, changes in form subsequent to the original creation and many years of harsh treatment.
	palimpsest.stanford.edu /byauth/shaftel/intent.html (1919 words)

	Understanding The Judicial Amendment Coalition, Inc.
		Original understanding is the simple concept that the Constitution and the laws should mean what they were understood to mean when they were written.
		We often hear of original intent which would try to examine the intentions of the writer.
		And in the case of the Constitution and amendments, which were ratified by the states, the understanding of the people ratifying the document is logically more valid than the narrower concept of intent since it was the ratification which actually gave it the force of law.
	www.judicialamendment.com /Understanding.html (986 words)

	Chp8-Debating the Issues (Site not responding. Last check: 2007-10-13)
		The search for the intent of the lawmaker is the everyday procedure of lawyers and judges when they apply a statute, a contract, a will, or the opinion of a court.
		Original intent is an unreliable concept because it assumes the existence of one intent.
		Judges who claim original intent rely on their interpretation of the founders' goals for the Constitution.
	www.wwnorton.com /lowi6/Chapters/chp8/di8.htm (717 words)

	"Original Intent or How Does the Constitution Mean?" by Andreas Teuber
		Moves to uncover the original intention of the authors are frequently frustrated, therefore, not because of a lack of ingenuity on the part of a judge, but because the Framers drafted the text in such a way as to leave little trace of their concrete proposals or substantive intentions.
		If we expect arguments about Framers' intent to bring the meaning of the Constitution more explicitly to light, the Framers themselves were certainly quite resourceful in making it very difficult, if not impossible, for us to recover their intentions.
		The original intent of the Framers ought not to engage us because the document they drafted was, quite frankly, not theirs.
	people.brandeis.edu /~teuber/origintent.html (5079 words)

	[No title]
		The original intent of the human authors of Scripture is not binding-rather we are bound by the original intent of the divine author.
		If the original intent of the Confession were really the main issue, then those who wish to see the church exclude all who hold to non-24 hour views should be equally zealous to return the church to exclusive psalmody and the exclusive use of wine in communion.
		Calvin believed that the origins of the Creed went back to the "apostolic age"-and claimed was that "wherever it originated" it was received as a "public confession by the consent of all." (2.16.18).
	www.peterwallace.org /essays/intent.htm (6877 words)

	DISCUSSION--ORIGINAL INTENT: RULES FOR CONSTITUTIONAL AND STATUTORY CONSTRUCTION. [Free Republic]
		This is just poorly written as seen by the fact that the second grounds for disregarding the original intent is not a state of fact (an actual thwarting of the purpose) but a perception (the adopters thought their intention was thwarted).
		But that original meaning has been lost (philosophically, it can be argued it was lost at the instant the document was signed and a single second ticked off on the clock, but I don't really want to go there) as the orginators of the Constitution have since passed away.
		In fact, the danger of finding original "intent" is that it may, and quite probably, exists at a point and time different from the document being analyzed.
	www.freerepublic.com /forum/a3a5484474ca4.htm (7004 words)

	Original Intent and the Framers' Constitution. - book reviews National Review - Find Articles
		Original Intent and the Framers' Constitution, by Leonard W Levy (Macmillan, 525 pp., $19.95)
		He stops short of saying that original intent is irrelevant to interpreting the Constitution, but he argues that since it can't be adhered to strictly, we should resign ourselves to a certain amount of judicial subjectivity.
		Original Intent and the Framers' Constitution shows how problematic the original-intent principle can be.
	www.findarticles.com /p/articles/mi_m1282/is_n25_v40/ai_6924458 (791 words)

	Original Intent? Introduction
		There are a number of points that need to be considered in regard to the issue of the original intentions of the framers of the Constitution and the Bill of Rights.
		There were some who had a genuine fear that future lawmakers might use some of the Constitutional language such as that found in the necessary and proper clause to get around the fact that Congress was not given any power regarding matters of religion.
		For one reason, the ratifying conventions are reported in such meagerness as to throw very little light on the intentions of these persons who were primarily responsible for the adoption of the provisions.
	members.tripod.com /~candst/origntro.htm (1058 words)

	GunCite-Second Amendment-Original intent and purpose of the Second Amendment
		The original intent and purpose of the Second Amendment was to preserve and guarantee, not grant, the pre-existing right of individuals to keep and bear arms.
		Although the amendment emphasizes the need for a militia, membership in any militia, let alone a well-regulated one, was not intended to serve as a prerequisite for exercising the right to keep arms.
		They also realized that however remote the possibility of usurpation was, the people with their arms, had the right to restore their republican form of government by force, if necessary, as an extreme last resort.
	www.guncite.com /gc2ndpur.html (2426 words)

	SSRN-An Analysis of the Theory of Original Intent by Russell Pannier
		The theory of original intent is based upon the assumption that judicial discretion in the interpretation of laws subverts the democratic process.
		This essay states and evaluates the theory of original intent as a principle of judicial interpretation of legislative and constitutional rules, and draws three conclusions.
		First, the objectives of the theory cannot be achieved by the means of the principle of original intent.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=857286 (294 words)

	Crime & Federalism: it all depends what "ism" is
		Jonathan denouces "original intent types" who want to apply and ply their approach on the Free Speech clause.
		But, even as a newcomer to the text/intent debate, I must point out that language is always used in context, and language changes meaning over time, so that looking at original intent of the speaker/author is at times crucial to doing their will.
		Divining original intent is very difficult, but so is saying what any particular words absolutely meant two centuries ago, or today.
	federalism.typepad.com /crime_federalism/2005/01/it_all_depends_.html (334 words)

	Constitutional Topic: Constitutional Interpretation - The U.S. Constitution Online - USConstitution.net
		Originalists consider the original intent to be the most pure way of interpreting the Constitution; the opinions of the Framers were, for the most part, well documented.
		The main argument against originalism is that the Constitution becomes stale and irrelevant to modern life if only viewed through 18th century eyes.
		Modernists do not reject originalism - they recognize that there is value in a historical perspective; but the contemporary needs of society outweigh an adherence to a potentially dangerously outdated angle of attack.
	www.usconstitution.net /consttop_intr.html (1297 words)

	The Pledge -- Original Intent - SPSW (Site not responding. Last check: 2007-10-13)
		The intent of adopting the pledge matters, and the use it now serves matters.
		The former phrase usually refers to the intent of the legislature when writing a law, or the "Founder's" intent when writing the constitution.
		The intent of lawmakers matters to us because what they intend is supposed to be binding on us.
	www.someplacesomewhere.com /index.php?showtopic=9031 (890 words)

	Constitutional Topic: The Second Amendment - The U.S. Constitution Online - USConstitution.net
		One of the arguments of the Anti-Federalists during the ratification debates was that the new nation did not arm the militias, an odd argument since neither did the U.S. under the Articles.
		Finally, Madison's original proposal for the Bill of Rights mentioned the individual right much more directly than the final result that came out of Congress.
		Proponents of the Original Intent method of interpretation always use the original meaning when looking at the Constitution.
	www.usconstitution.net /consttop_2nd.html (2349 words)

	Bill Couch -The Original Arkansas Genealogy GenWeb
		The original intent was that there would be a place to put the necessary resources available for each county and state on a page.
		It was my choice to let each person control and be responsible for the content of their own page, as long as the purpose of genealogy was served, and that the state, county, or myself were not discredited or otherwise embarrassed.
		It was not the original intent to collect copyrighted information to place in the hands for commercial enterprises, or in databases to which information can only be obtained by a select few, possibly even at a cost to all.
	www.couchgenweb.com /arkansas (708 words)

	SSRN-Original Intent and the Copyright Clause: Eldred v. Ashcroft Gets it Right by Craig W. Dallon
		Original Intent and the Copyright Clause: Eldred v.
		This article analyzes the historical evidence of the Framer's intent as it concerned the Copyright Clause and concludes that the result in Eldred comports with the original intent of the Copyright Clause.
		Dallon, Craig W., "Original Intent and the Copyright Clause: Eldred v.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=920913 (428 words)

	Honolulu Academy of Arts - Original Intent:The Aesthetics of Condition
		In honor of the Foundation’s dedication to the protection and preservation of woodblock prints, an annual exhibition showcasing print conservation issues is held in the James A. Michener Gallery.
		The 2006 conservation-themed print exhibition, titled Original Intent: The Aesthetics of Condition, will be on display from November 21 to January 21, 2007.
		This year’s exhibition, Original Intent, will continue to focus on issues related to Into the Light’s themes of color, condition and conservation.
	www.honoluluacademy.org /cmshaa/academy/index.aspx?id=1609 (465 words)

	Original Intent
		Equally ludicrous is the notion that there was no tension between religion and secularism before federal courts, in the 20th century, began to apply the guarantees of the Bill of Rights to states.
		The balancing act between secularism and religion, as old as the republic, originated as a creative tension—in contrast to the destructive power struggle that has developed in recent years.
		This is indeed "originalist" logic—the original document being not the Constitution but the Bible or, to be more precise, certain biblical passages upholding the divine right of kings.
	www.yuricareport.com /Constitution/OriginalIntent.html (2091 words)

	Page Title (Site not responding. Last check: 2007-10-13)
		Property rights, the inalienable right to the fruits of one's labor and freedom from interference by the government, the clergy and the banking establishment are basics concepts that formed the Original Intent of the Founding Fathers.
		If we wish to return to constitutional government, we must first determine the original intent of the Founding Fathers when they drafted the Constitution.
		We must take into account the experiences they brought with them from the Old World for they determined their original intent.
	home.earthlink.net /~mignon1/originalintent.html (582 words)

	Amazon.com: Original Intent: The Courts, the Constitution, and Religion: Books: David Barton (via CobWeb/3.1 ... (Site not responding. Last check: 2007-10-13)
		Original Intent reveals the Founders' beliefs about religion in public affairs, the courts, limited federal powers, States' rights, and numerous other issues.
		Original Intent: The Courts, the Constitution and Religion by David Barton
		From these facts alone, it is easy to guess that Original Intent is not exactly the authoritative work that its serious-looking cover and its 184-page scholarly apparatus suggest.
	www.amazon.com.cob-web.org:8888 /Original-Intent-Courts-Constitution-Religion/dp/0925279579 (2427 words)

	Founding Fathers Wisdom
		Original letters written in their own words give us a much truer understanding of their intentions than third party commentaries written a hundred years later.
		Listen to the original writers, especially when new historians contradict the original intent of those original authors of the law of this great land.
		The Supreme Court rulings have done damage to the original intent of the law of this land.
	www.christianparents.com /ffathers.htm (1587 words)

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